Bulan Water District Freedom of Information Manual

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Republic of the Philippines

BULAN WATER DISTTRICT


De Vera St, Zone-4, Bulan, Sorsogon
Tel No: (056) 555-2605
Email: wdbulan@yahoo.com
Bulan Water District (BWD) has adopted its Freedom of Information (FOI) Manual to uphold to
endeavor in attending all requests that are covered under Executive Order No. 2 series of 2016
entitled Operationalizing in the Executive Branch of the People's Constitutional Right to
Information and the State Policies to Full Public Disclosure and Transparency in the Public
Service and Providing Guidelines Therefor.

This manual is a proof of acknowledgement of the BWD to the right of the people to information
on matters of public concern and transparency. Furthermore, it also distinguishes the
significance of unrestricted and accessible exchange of information to advocate accountability
and transparency in the performance of government official tasks, transactions and decisions.

The Bulan Water District Freedom of Information Manual has been duly approved by the BWD
Board of Directors through RESOLUTION NO 14-B SERIES OF 2017 CODE 08 (RESOLUTION
APPROVING THE CREATION OF THE FREEDOM OF INFORMATION (FOI) MANUAL OF THE BULAN
WATER DISTRICT) dated September 09, 2017 and duly Reiterated through RESOLUTION NO 8
SERIES OF 2018 CODE 08 (RESOLUTION APPROVING THE CREATION OF THE FREEDOM OF
INFORMATION (FOI) MANUAL OF THE BULAN WATER DISTRICT IN ACCORDANCE TO THE JOINT
MEMORANDUM CIRCULAR OF THE LOCAL WATER UTILITIES ADMINISTRATION (LWUA) AND
DEPARTMENT OF BUDGET AND MANAGEMENT(DBM) WITH MC NO. 014-17) dated February 20,
2018.

All FOI transactions relates to information requests that are not covered under the AntiRed Tape
Law which only includes service requests stipulated in BWD’s Citizen’s Charter.

Aside from FOI requests lodged directly at BWD offices, BWD will also be accommodating online
FOI requests through email and agency website in order to make FOI-related transactions more
accessible to the general public.

Engr. REY DENNIS L. GILBAS


General Manager C
FOI CHAMPION OFFICE/DEPARTMENT CONTACT NO./EMAIL

Engr. REY DENNIS L. GILBAS OFFICE OF THE reydennis_gilbas@yahoo.com


(General Manager C) GENERAL MANAGER

FOI DECISION MAKERS OFFICE/DEPARTMENT CONTACT NO./EMAIL

LORENA F. GERONA ADMINISTATIVE gerona_lorena@yahoo.com


(Administrative Officer A) DIVISION (OIC) Cp No: 09096885623
MARY JOYCE B. PENOS FINANCE/COMMERCIAL joyce09_penos@yahoo.com
(Senior Corporate Budget Analyst) DIVISION (OIC) Cp No: 09437074969
NOEL C. DELMONTE TECHNICAL DIVISION noel131691@yahoo.com
(Technical Head – Designate) (OIC)

FOI RECEIVING OFFICER OFFICE/DEPARTMENT CONTACT NO./EMAIL

SHARI MARIE FRANCINE G. ADMINISTRATIVE seibrenches@gmail.com


BRENCHES DIVISION Cp No: 09108745868

CENTRAL APPEALS AND REVIEW COMMITTEE


1. FOI Champion is the head of the agency who gives the final approval or denial of all FOI
requests lodged to the agency.

2. FOI Decision Makers (Approval and Denial of Request to Information) are


designated by BWD’s General Manager, with a rank of not lower than a Department
Manager or its equivalent. The FDM evaluates and approves or denies all request of
information that will depend on the nature of request for the concerned division namely
the Administrative, Finance and Commercial and Technical. These are the criteria of
denial of Requests:

a. BWD does not have the information requested;


b. the information requested contains sensitive personal information protected by
the
Data Privacy Act of 2012;
c. the information requested falls under the list of exceptions to FOI; or
d. the request is an unreasonable subsequent identical or substantially similar
request from the same requesting party whose request has already been
previously granted or denied by BWD.

3. FOI Receiving Officer is also designated by the BWD General Manager and carries out
the following functions:
a. receiving all requests for information and forward the same to the appropriate
office who has custody of the records;
b. monitor all FOI requests and appeals;
c. provide assistance to the FOI Decision Maker in terms of the Secretariat and
Clerical Tasks;
d. provide assistance and support to the public and staff with regard to FOI;
e. compile statistical information as required; and
f. conduct initial evaluation of the request and advise the requesting party whether
the request will be forwarded to the FOI Decision Maker for further evaluation, or
deny the request based on:
that the form is incomplete; or
that the information is already disclosed in BWD’s Official website, foi.gov.ph
g. Consolidates all necessary documents submitted whether online or personal
requests
h. Maintains the FOI Website Content and provide online assistance on online
requests.

4. Central Appeals and Review Committee is composed of three (3) officials with a rank
not lower than a Division Manager or its equivalent, designated by BWD’s General
Manager through an Office Order to review and analyze the grant or denial of request of
information. The Committee shall also provide expert advice to BWD’s General Manager
on the denial of such request.

I. WALK – IN FOI REQUESTS


Step 1 – The Requesting Party (RP) Submits FOI Request
a) The FOI requesting party (RP) inquires with the Public Assistance Desk Officer
(PADO) where to lodge FOI request
b) The PADO accommodates and directs the RP to the FOI Receiving Officer (FRO);
and
c) The RP complies these requirements:
Submit valid proof of identification (show original and submit photocopy of the
identification). If transacted by a representative, the representative should
provide his or her valid proof of identification, a photocopy of the valid proof of
identification of the RP, and Special Power of Attorney authorizing him or her to
transact on behalf of the RP; and
Submit two (2) copies of accomplished BWD’s FOI Request Form (Annex A) with
these details:
1. Name and contact information of the RP;
2. Description of the information requested;
3. Reason for or purpose of the request for information; and
4. Signature of the RP
If the RP cannot sign the request form due to disability, he or she may sign
through his or her thumbmark and/or present a photocopy of his or her ID
cards with two witnesses signing the request form;
In case the RP is unable to make a written request, because of illiteracy or due to
being a person with disability, he or she may make an oral request, and the FRO
shall reduce it in writing.
Step 2 – FOI Receiving Officer (FRO) checks requirements and gives request
reference number to RP
a. The FRO checks compliance of the requests based on the requirements
submitted
b. The FRO stamps and signs the request forms indicating the following
1. Date and time of receipt of the written request
2. FRO details (name, rank, title and position)
3. Contact Information where the RP may follow up the requests
4. Request Reference Number
c. The FRO furnishes a copy of the request for to the RP; and
d. The FRO records the transaction in the BWD FOI record Book.

Step 3 – FOI Receiving Officer (FRO) endorses the request to the FOI Decision
Makers (FDM)

a) The FRO endorses a copy of the FOI request to the FDM on the corresponding
Division involve (Administrative, Finance Commercial and Technical) within (1)
day from receipt of the request; and

b) The FRO records the date, time, FDM details (name, rank, title and position) in the
BWD FOI record book; and

c) The FDM signs the BWD FOI record book to acknowledge receipt request

Step 4 – FOI Decision Maker Evaluates Request


a. The FDM of the corresponding Division evaluates if the request is approved or
denied based on the list of exceptions in E.O. 2 (s. 2016) and other existing laws
and jurisprudence; and
b. The FDM of the corresponding Division gives feedback to FRO depending on
what transpires in the evaluation.

Step 5- Approved Request for information


The FDM identifies whether the requested information is simple or complex or if it needs
additional details:
A. Simple Requests
a. The FDM locates and retrieves the information requested within 10 working days
upon receipt of request;
b. The FDM turns over the requested information to the FRO. If the requested
information is sensitive in nature, the FDM shall advise the FRO to request the RP
to personally claim the information along with other needed documents to attest
the identity and/or intent of the RP; and
c. The FRO updates the BWD FOI record book when the information was received
from the FDM.

B. Complex Requests

a. The FDM informs the FRO that the requested information is a complex request
and would require extension;
b. The FRO informs the RP for the needed extension both through phone call and
formal communication signed by the General Manager;
c. The FRO updates the BWD FOI record book regarding the progress of the request;
d. The FDM locates and retrieve the information requested within the 20 working
days upon receipt of request;
e. The FDM turns over the requested information to the FRO. If the requested
information is sensitive in nature, the FDM shall advise the FRO to request the RP
to personally claim the information along with other needed documents to attest
the identity and/or intent of the RP; and
f. The FRO updates the BWD FOI record book when the information was received
from the FDM.

C. Additional Details Needed


a. The FDM informs the FRO that the requested information requires additional
details;
b. The FRO informs the RP for the needed additional details both through phone call
and formal communication signed by the General Manager;
c. The FRO updates the BWD FOI record book regarding the progress of the request;
d. The FRO endorses the additional details to the FDM once the details are received;
e. The FDM locates and retrieves the information requested within 10 working days
upon receipt of request;
f. The FDM turns over the requested information to the FRO. If the requested
information is sensitive in nature, the FDM shall advise the FRO to request the RP
to personally claim the information along with other needed documents to attest
the identity and/or intent of the RP; and
g. The FRO updates the BWD FOI record book regarding the progress of the request;

Step 6 – Denied Request Information

a. The FDM immediately notifies the FRO; and


b. The FRO updates the BWD FOI record book.
Step 7- Notice to the Requesting Party of the Approval/Denial of the Request.

Approved Requests

a. The FRO ensures all records have been retrieved and considered checked for
possible exemptions, prior to actual release.
b. The FRO attaches the requested information along with the formal
communication to be endorsed to the General Manager for final approval;
c. Once approved, the FRO informs the RP that the request is ready for release and
has been sent to the RP’s email;
d. For sensitive information, the FRO advises the RP to personally claim the
information along with other needed documents to attest the identity and/or
intent of the RP;

Denied Requests

a. The FRO informs the RP of the denial in writing through formal communication
that will be endorsed to the General Manager for final approval. The formal
communication indicates the ground(s) for denial and the circumstance(s) on
which the denial is based;
b. The FRO informs the RP that the request has been denied and the formal
communication has been sent to the RP’s email.

II. ON-LINE REQUESTS


Step 1 – Requesting Party (RP) submits FOI Request thru the Email
a. The RP sends an email of request thru the BWD Email
wdbulan@yahoo.com
bulanwaterdistrict@gmail.com

b. The FOI Receiving Officer (FOI) receives the requests and sends the BWD FOI form
(Annex A) to be filled out by the RP.

c. The RP shall fill out the BWD Form (Annex A) with the correct information and sends
back a scanned copy of the form to complete the request.

Step 2 – FOI Receiving Officer (FRO) receives request, contacts RP for validation of
Information.
a. The FRO calls the RP to validate and double check all the information listed on the request.

Step 3 – FOI Receiving Officer (FRO) checks requirements and gives request number to RP
a. The FRO prints RP’s request
b. The FRO checks compliance of the requests based on the requirements submitted
c. The FRO stamps and signs the request forms indicating the following
1. Date and time of receipt of the written request
2. FRO details (name, rank, title and position)
3. Contact Information where the RP may follow up the requests
4. Request Reference Number
d. The FRO furnishes a copy of the request for to the RP; and
e. The FRO posts a scanned copy of the RP’s request on the official website of the Bulan
Water District – bulanwater.gov.ph ; including the status of the RP’s Request upon the
date of receipt.
f. The FRO records the transaction in the BWD FOI record Book.

Step 3 – FOI Receiving Officer (FRO) endorses the request to the FOI Decision
Makers (FDM)

d) The FRO endorses a copy of the FOI request to the FDM on the corresponding
Division involve (Administrative, Finance Commercial and Technical) within (1)
day from receipt of the request; and

e) The FRO records the date, time, FDM details (name, rank, title and position) in the
BWD FOI record book; and

f) The FDM signs the BWD FOI record book to acknowledge receipt request

Step 4 – FOI Decision Maker Evaluates Request


c. The FDM of the corresponding Division evaluates if the request is approved or
denied based on the list of exceptions in E.O. 2 (s. 2016) and other existing laws
and jurisprudence; and
d. The FDM of the corresponding Division gives feedback to FRO depending on
what transpires in the evaluation.

Step 5- Approved Request for information


The FDM identifies whether the requested information is simple or complex or if it needs
additional details:

Simple Requests
a. The FDM locates and retrieves the information requested within 10 working
days upon receipt of request;
b. The FDM advises the RP that the information is ready for release;
c. The FDM may already release the requested information granting:
1. For personal pick-up of the requested information, the RP needs to
bring the accomplished BWD FOI Request Form upon release of the
information; or
2. For electronic sending of requested information, the RP needs to email
the scanned copy of the BWD FOI Request Form to
wdbulan@yahoo.com or bulanwaterdistrict@gmail.com
If the requested information is sensitive in nature, the FDM shall advise the
RP to personally claim the information along with other needed
documents to attest the identity and/or intent of the RP;
d. The FDM updates the status of the request to the FRO
e. The FRO updates the status of RP’s Request on the website of BWD –
bulanwater.gov.ph
f. The FRO tracks the completion of the request and updates the BWD FOI
record book

Complex Requests
a. The FDM informs the RP that the requested information is a complex request and
would require extension through email or call;
b. The FDM locates and retrieves the information requested within the 20 working
days upon receipt of request;
c. The FDM advises the RP that the information is ready for release;
d. The FDM may already release the requested information granting:
1. For personal pick-up of the requested information, the RP needs to
bring the accomplished BWD FOI Request Form upon release of the
information; or
2. For electronic sending of requested information, the RP needs to email
the scanned copy of the BWD FOI Request Form to
wdbulan@yahoo.com or bulanwaterdistrict@gmail.com
If the requested information is sensitive in nature, the FDM shall advise the FRO to
request the RP to personally claim the information along with other needed
documents to attest the identity and/or intent of the RP;

e. The FDM updates the status of the request to the FRO


f. The FRO updates the status of RP’s Request on the website of BWD –
bulanwater.gov.ph
g. The FRO tracks the completion of the request and updates the BWD FOI record
book
Additional Details Needed
a. The FDM informs the RP that the request needs additional details
through email or call;
b. Once the RP provides the needed the details, the FDM locates and
retrieves the information requested within the 15 working days upon
receipt of request;
c. The FDM advises the RP request is ready for release;
d. The FDM may already release the requested information granting:

1. For personal pick-up of the requested information, the RP needs to


bring the accomplished BWD FOI Request Form upon release of the
information; or
2. For electronic sending of requested information, the RP needs to email
the scanned copy of the BWD FOI Request Form to
wdbulan@yahoo.com or bulanwaterdistrict@gmail.com

If the requested information is sensitive in nature, the FDM shall advise the FRO to
request the RP to personally claim the information along with other needed documents
to attest the identity and/or intent of the RP;

e. The FDM updates the status of the request to the FRO


f. The FRO updates the status of RP’s Request on the website of BWD
– bulanwater.gov.ph
g. The FRO tracks the completion of the request and updates the BWD
FOI record book

Step 6 – Denied Request Information

c. The FDM immediately notifies the FRO; and


d. The FRO updates the BWD FOI record book.
Step 7- Notice to the Requesting Party of the Approval/Denial of the Request.

Approved Requests

a. The FRO ensures all records have been retrieved and considered checked for possible
exemptions, prior to actual release.
b. The FRO attaches the requested information along with the formal communication to be
endorsed to the General Manager for final approval;
c. Once approved, the FRO informs the RP that the request is ready for release and has been
sent to the RP’s email;
d. For sensitive information, the FRO advises the RP to personally claim the information
along with other needed documents to attest the identity and/or intent of the RP;

Denied Requests

A. The FRO informs the RP of the denial in writing through formal communication
that will be endorsed to the General Manager for final approval. The formal
communication indicates the ground(s) for denial and the circumstance(s) on
which the denial is based;
B. The FRO informs the RP that the request has been denied and the formal
communication has been sent to the RP’s email.
The period of action in processing the request will depend on the nature of the information
requested.

1. Simple Requests: Within fifteen (15) working days following the date of receipt of the
request

2. Complex Requests: Within the thirty (35) working days following the date of receipt of
the request which constitutes the initial fifteen (15) working days upon request and
additional twenty (20) working days for extension

The FRO should inform the RP of the extension of accomplishing the request through
formal communication within fifteen (15) working days following the date of receipt of
the request.

3. Requests Needing Additional Details: The FRO should inform the RP of the requested
additional details and period of extension within fifteen (15) working days following the
date of receipt of the request. Once the FRO has notified the RP of the needed additional
details, the counting for the fifteen (15) working days will pause and will only commence
the day after the requested additional details from the RP has been received. If no
clarification is received from the requesting party after sixty (60) calendar days, the
request shall be closed.

If the 15th working day or last day is a legal holiday, the deadline will be moved to the next
working day.
1. No Request Fee. BWD shall not charge any fee for accepting requests for access
to information.
2. Reasonable Cost of Reproduction, Copying, and/or Delivery of the
Information: The FRO shall immediately notify the requesting party (RP) in case
there shall be a reproduction, copying and/or delivery fee in order to provide the
information. Such fee shall be the actual amount spent by BWD in providing the
information to the requesting party. The schedule of fees shall be posted by BWD.

Service Cost
Photocopy of reproduction Php 2.00 per page of any size
Retrieval fee
a. For Document retrieval within a. Thirty Pesos (P30.00)
one (1) day
b. For Document retrieval within b. Fifty Pesos (50.00)
One (1) Week)
c. For Document Retrieval more c. One-hundred Pesos (100.00)
than one (1) Week
Delivery Charge
a. Via E-mail (Scanning and a. Fifty Pesos (50.00)
Conversion to PDF)
b. Via Snail Mail (Post Office, LBC, b. One-Hundred Pesos (100.00)
JRS)
(Note: Snail Mail may vary on the
location of Requesting Party (RP))
Appeal of Notice of Denial (Covers for One Hundred Pesos (Php 100.00)
Administrative Expenses and Research
Fee)

3. Exemption from Fees: BWD may exempt any requesting party from payment of
fees, upon request stating the valid reason why such requesting party shall not pay
the fee.
1. Denial of any request for access to information may be appealed to the Central Appeals
and Review Committee of BWD, following the procedure mentioned in Section 9 of
Executive Order No. 02: Provided, that the written appeal must be filed by the same
person making the request within fifteen (15) working days from the notice of denial or
from the lapse of the relevant period to respond to the request.

2. The written appeal should be addressed to the BWD General Manager who will be the one
to cascade the request to Central Appeals Review Committee of BWD.

3. The appeal shall be decided by the General Manager of the BWD within thirty (30)
working days from the filing of said written appeal. Failure of General Manager to decide
within the afore-stated period shall hold him liable under Executive Order No. 02, Series
of 2016.

4. Upon exhaustion of administrative appeal remedies, the requesting party (RP) may file
the appropriate case in the proper courts in accordance with the Rules of Court.
2. Non-compliance with FOI. Failure to comply with the provisions of this Manual shall be
a ground for the following administrative penalties:

3. Procedure. The Revised Rules on Administrative Cases in the Civil Service shall be
applicable in the disposition of cases under this Manual.
4. Provisions for More Stringent Laws, Rules and Regulations. Nothing in this Manual
shall be construed to derogate from any law, any rules, or regulation prescribed by any
body or
a. 1st Offense -Reprimand;
b. 2nd Offense -Suspension of one (1) to thirty (30) days; and
c. 3rd Offense -Dismissal from service
agency, which provides for more stringent penalties.
A memorandum circular dated November 24, 2016 signed by the Executive Secretary reflect
the following exceptions, “as recognized by the Constitution, existing laws or jurisprudence."

1. Information covered by executive privilege

2. Privileged information relating to national security, defense, or international relations

3. Information concerning law enforcement and protection of public and personal safety

4. Information deemed confidential for the protection of the privacy and certain individuals
such as minors, victims of crimes or the accused

5. Information, documents, or records known by reason of official capacity and are deemed
as confidential, including those submitted or disclosed by entities to government agencies,
tribunals and boards or officers, in relation to the performance of their functions or to
inquires or investigation conducted by them in the exercise of their administrative,
regulatory or quasi-judicial powers.

6. Prejudicial, premature disclosure

7. Records of proceedings or information from proceedings which pursuant to law or


relevant rules and regulations are treated as confidential or privileged

8. Matters considered confidential under banking and finance laws and their amendatory
laws, and;

9. Other exceptions to the right to information under laws, jurisprudence, and rules and
regulations.
Republic of the Philippines
BULAN WATER DISTRICT
De Vera St., Zone-4, Bulan, Sorsogon
Tel No: (056) 555-2605; FRO CP No: 09108745868
Email: wdbulan@yahoo.com or bulanwaterdistrict@gmail.com
Website: www.bulanwater.gov.ph

BWD FOI Request Tracking No: ______________________________________


FREEDOM OF INFORMATION REQUEST FORM
A. Requesting Party
1. Full Name

SURENAME FIRST NAME MIDDLE NAME EXTENSION


2. Complete Address

3. Contact Information
Landline No: Mobile No: Email:

4. Proof of Identity/Evidence of Authority (Please attach a photocopy of Valid ID – for walk-in Requests and Scanned
Copy for online Requests)

Passport No: Driver’s License No. PRC License No: Other Valid ID/ID No:
B. Requested Information Document: _________ Photocopy _________ Certified True Copy
(Mode of Delivery) _________ Email _________ Snail Mail _________ Personal
1. Title of Document/ Information
Detailed description of the information including the date or period of the document requested:

2. Purpose of the Request

3. Any other relevant information

C. Declaration

I declare and certify that the information provided in this form is complete and correct. I am aware that giving false or
misleading information or using forged documents is a criminal offense. I bind myself and my principal to use the requested
information only for the specific purpose stated and subject to such conditions as may be prescribed by the Bulan Water
District. I understand that the Bulan Water District may collect, use and disclose personal information contained in this
request.
_______________________________________________ _____________________
Signature Over Printed Name Date
D. Acknowledgement Receipt
1. Name of BWD – FOI Receiving Officer
2. Signature of BWD – FOI Receiving Officer
3. Date Received
Note: The cost of reproduction of the document/s is subject to applicable fees as prescribed by the BWD Board

BWD FOI Request Tracking No:


PADO FRO checks
RP Inquires endorses the FRO Receives requirements and
on the PADO inquiry of the request, gives request
– Public the RP to the contact RP for reference number to
Assistant FOI other needed
RP
Desk Officer requirements
Receiving
Officer (FRO)

FRO Endorses the


request to the FDM

FDM Evaluates the


Request

FDM sends the FDM Approves


FRO Records the result on requested the Request for
the BWD FOI Record, information to Information and
Update status on the the RP Endorses it to
Website (Depending on the decision to
the Mode of the General
Delivery) Manager
PADO FRO checks
RP Inquires endorses the FRO Receives requirements and
on the PADO inquiry of the request, gives request
– Public the RP to the contact RP for reference number to
Assistant other needed RP
FOI
Desk Officer requirements
Receiving
Officer (FRO)

FRO Endorses the


request to the FDM

FDM Evaluates the


Request

FDM denies the


FRO Records the result on Request for
the BWD FOI Record, FDM informs the Information and
Update status on the RP about the Endorses it to
Website denial of request the decision to
the General
Manager
FRO receives FRO checks
FRO Receives requirements and
the emailed
RP sends a the BWD FOI gives request
request,
Form filled
request thru sends a BWD reference number to
Out by the
email FOI Form – RP
for the RP to RP
fill it out

FRO Endorses the


request to the FDM

FDM Evaluates the


Request

FDM sends the FDM Approves


FRO Records the result on requested the Request for
the BWD FOI Record, information to Information and
Update status on the the RP Endorses it to
Website (Depending on the decision to
the Mode of the General
Delivery) Manager
FRO receives FRO checks
FRO Receives requirements and
the emailed
RP sends a the BWD FOI gives request
request,
Form filled
request thru sends a BWD reference number to
Out by the
email FOI Form – RP
for the RP to RP
fill it out

FRO Endorses the


request to the FDM

FDM Evaluates the


Request

FDM denies the


FRO Records the result on Request for
the BWD FOI Record, FDM informs the Information and
Update status on the RP about the Endorses it to
Website denial of request the decision to
the General
Manager

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